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General terms and conditions – as of: 09/2023
1 Introduction
BORN IN FLACHT is a GT community from Schloss Schnait GmbH with the aim of connecting owners of GT sports cars globally and giving them the opportunity to share experiences within an exclusive community, exchange experiences, find out expert tips and get involved on national and to meet international level.
Participation in the GT Community BORN IN FLACHT is based on the principle of approval or consent. One of the necessary requirements for membership is owning a GT sports car.
The use of our services requires a minimum age of 21 years.
1.1 Contract
To become a member, you must register via our website www.born-in-flacht.com. For this purpose, data is transmitted to us, which is treated as strictly confidential and is not passed on to third parties.
After all requirements have been determined and approved by the GT Community BORN IN FLACHT, the applicant will be accepted as a member and an access link for using the BORN IN FLACHT app (iOS & Android) will be sent to him/her by email.
As a visitor or member of our Services, the collection, use and sharing of personal information is subject to our Privacy Policy and any updates thereto.
1.2 Change
Our “Terms and Conditions” and our “Privacy Policy” may be changed from time to time. If any significant changes are made, the member will be informed.
2 Duties
2.1 Access to the Services
Registering using false information constitutes a violation of our terms and conditions and will result in immediate termination of membership if found out. Violation of our guidelines will also result in immediate termination of membership.
2.2 Notices and Messages
Our members agree that we can send them notices and messages – within the service offered and/or to the contact address provided. Our members agree to keep their contact details up to date.
Our members also agree that we may access, use and store any information and personal data provided in accordance with the terms of the Privacy Policy.
2.3 Share
Our members agree to only provide content and information that does not violate the law or infringe the rights (including intellectual property rights) of any other person or entity.
The services offered make it possible to share news and information in a variety of ways. Information that a member shares or posts may be seen by other members or third parties. We view chat history and are not obliged to publish any information or content on our platform. We may remove them at our sole discretion with or without notice.
3 Rights and Restrictions
3.1 Availability of the Services
We reserve the right to modify or remove any part of our Services. We have no obligation to store and continue to display information and content from our members.
We are not a storage service and have no obligation to make available to our members a copy of any content or information and to store or retain the same, except as required by applicable law or as set forth in our Privacy Policy.
3.2 Other content, websites & apps
By using our Services, you may encounter content or information that is incomplete, inaccurate, misleading, late, unlawful, offensive or otherwise harmful. Because we generally do not review the information provided by our members, you agree that we are not responsible for any content or information. Misuse of our services cannot be completely prevented. Therefore, you agree that we are not responsible for any such misuse.
The member is free to access third-party apps or websites if they are accessible via a link on our services. Third party apps and websites are subject to their own terms and conditions and privacy policies. You could authorize the operator to use your information in a manner that differs from our policies. We are not liable for other websites and apps. Therefore, you use these websites and apps at your own risk. Please inform yourself about our Privacy Policy.
3.3 Limitations
We reserve the right to limit your use of the Services, including the number of contacts; as well as the ability to contact other members. We reserve the right to limit or suspend features of our Services that we believe violate the law, misuse our Services, or violate the Community Guidelines.
We are not a trading platform and prohibit the commercial use of our member data.
3.4 Intellectual Property Rights
We reserve all intellectual property rights in the services provided. Use of our Services does not imply that a member has any ownership rights in our Services or the information or content made available through our Services. The trademarks and logos used within the Services are trademarks of their respective owners.
4 Disclaimer and Limitation of Liability
4.1 Liability for the app
We disclaim all warranties and representations (e.g. fitness for a particular purpose, non-infringement, accuracy of data, warranty of functions) and cannot guarantee that the services we provide will function uninterrupted or error-free.
4.2 Liability for events
4.2.1 Own events
Liability for events carried out by us is excluded unless the organizer can be proven to have acted with intent or gross negligence. Liability for minor negligence is excluded unless it involves a breach of cardinal obligations. Cardinal obligations are those obligations whose fulfillment makes the proper implementation of the legal relationship possible in the first place and on whose compliance the partner regularly trusts and can rely. In the event of liability, this is limited to contract-typical and foreseeable damage.
4.2.2 External events
If we take over the invitation management for an event with a commercial or other partner, we expressly point out that the organizer is the respective partner. If you have any questions about liability in connection with the event, please contact the respective organizer directly.
5 Compensation for legal violations by members
If the platform operator incurs damages due to violations by members of the obligations under these General Terms and Conditions, the member is obliged to pay compensation in the amount of the damage incurred, unless the member is not responsible for the respective violation. The right of the platform operator to claim additional damages remains unaffected. The member is permitted to provide proof that the damage did not occur at all or occurred to a significantly lesser extent.
6 Termination
Both the member and Schloss Schnait GmbH can terminate the membership by notifying the other party. Upon termination, member will lose the right to use or access the Services.
7 Applicable Law and Dispute Resolution
The law of the Federal Republic of Germany applies exclusively to all legal relationships between us and the member, excluding the German IPR. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
8 Rules of Conduct (Community Guidelines)
Our Code of Conduct sets out what types of activities are acceptable through the use of our app and what types of content and discussions we consider inappropriate and may prohibit. The Code of Conduct is intended to outline guidelines and restrictions for the use of our Services.
a.) Register with truthful information about your identity and your vehicle. Our members must be actual people who provide their real names and accurate personal and vehicle information.
b.) Be polite and respectful. In the interests of a safe, communicative and friendly community, our services should not be used to harm other people or companies or to publicize differences of opinion or personal disputes. We cannot accept that the Services may be used to abuse or discredit other people or companies or to send you unsolicited communications. These include, for example, junk emails, spam, chain letters, phishing messages and sexual content. Attacking anyone based on race, ethnicity or tribe, national origin, gender, sexual orientation, religious affiliation, political affiliation, health or physical condition is strictly prohibited.
c.) Behave professionally, appropriately and honestly. When creating content, we ask you to only publish relevant, technical and topic-related content. Refrain from providing false information or information that cannot be verified. The distribution of obscene and pornographic content via our app is prohibited.
d.) Obey the law and respect the rights of others. Avoid sharing or using other members’ copyrighted works, trademarks, trade secrets or personal information. Membership may not be used for illegal activities, promoting illegal products, or violating the rights of others. It may also not be used to commit fraud or for fraudulent purposes.
e.) Do not use the Services to distribute viruses or other software that destroys data or computer systems or causes interruptions.
f.) The guidelines are expressly recognized by the members. In the event of infringements and violations of the law, the platform operator expressly reserves the right to take further legal action.
Information pursuant to § 5 TMG
Schloss Schnait GmbH
Silcherstrasse 10
D-71384 Weinstadt/Schnait
Deutschland / Germany
Contact
Tel.: (+49) 07151 20524-0
Fax.: (+49) 07151 20524-25
E-Mail: mail@schloss-schnait.com
Contact address for the GT Community BORN IN FLACHT
Represented by the Managing Directors
Hans-Jörg Lenz
Silke Keusch
VAT ID
Sales tax identification number according to § 27 a of the Sales Tax Law (UStG): DE 257 068 580
Registration court
District Court Stuttgart HRB 787750
EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our e-mail address can be found above in the site notice.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Copyright
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only. The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
Privacy Information BORN IN FLACHT
Contents
1. Foreword and selected Terms
On the one hand, this data protection declaration informs visitors and users of our website about the online data processing operations in which personal data is processed. On the other hand, you will receive information about our processing operations, which do not primarily take place online.
2. Responsible Party
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Schloss Schnait GmbH
Silcherstr. 10
D-71384 Weinstadt
Tel.: +49 (0)7151 20524-0
E-Mail: mail@schloss-schnait.com
3. Overview
The following content gives you a brief overview of the processing of personal data; more detailed information can be found in the passages presented in detail.
Security on our website (SSL Secure Socket Layer)
Our website is provided with an SSL certificate, which is used to encrypt data transfer processes. This happens, for example, if you send us a message via a form. As a precaution, we would like to point out that 100% security in electronic data processing is not possible and there is always a residual risk.
Data that you transmit to us
On this page, we process the data that you enter yourself, for example in a form. In this case, the purpose of processing results from the type of form and, on the other hand, from this data protection declaration. Even if, for example, you send us a message by email or otherwise contact us, we process your data in accordance with the purpose of the contact.
Automatic server log files
Our server automatically records all accesses and therefore also IP addresses (log files); this serves to ward off attacks, analyze access numbers and ensure smooth operation.
Direct marketing and postal advertising
We reserve the right to send our members newsletters based on Section 7 Paragraph 3 UWG and Art. 6 Paragraph 1 Letter f GDPR. We further process your personal data for the purposes of postal advertising for our own services or the services of our partner companies on the basis of Art. 6 Para. 1 lit. f GDPR. Of course, you can exercise your right to object at any time. To do this, please contact the responsible body mentioned above or contact@born-in-flacht.com
Other data recipients
a) Use of processors
We use processors in accordance with the requirements of Art. 28 GDPR, for example in the areas of IT services, web hosting, email hosting or printing services. They process personal data for us according to our instructions.
b) Use of non-specialist services
If necessary (for example to execute the contract), we pass on your data to, for example, banks, other payment service providers, shipping service providers, our tax advisor or lawyer.
c) Legal obligations
We are subject to legal obligations, such as commercial laws or tax law, in this context we must pass on certain data, for example, to tax authorities.
d) Investigation of crimes
If it is necessary to investigate a crime, we pass on data to the law enforcement authorities.
General information on deletion periods of personal data
We process the data as long as this is necessary for the respective purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and processing of a contract; we are also obliged to comply with statutory retention requirements. If data processing is based on your consent, we will delete your data after your revocation.
Transfer of personal data to a third country
We try to have all service providers and services provided by providers within the European Union. A transfer to a third country is possible if you have given us your consent and/or we have concluded a contract for order processing in accordance with Article 28 of the GDPR, taking appropriate guarantees into account. In individual cases we may use plugins or tools that are hosted in third countries, but we use these on the basis of our legitimate interests. In these cases, we will point out the circumstance if necessary.
Legal or contractual obligation to provide personal data
This website can generally be visited without providing personal data. For purchases in our online shop, it is necessary to provide personal data in order to conclude a purchase contract.
4. Legal basis for processing Personal Data
The legal bases for the processing of personal data are exceptional circumstances that allow the processing of personal data. The essential legal bases are shown in particular in Art. 6 GDPR. The legal basis on which we process personal data is described in the individual processing operations in this data protection declaration.
Consent given (Art. 6 Para. 1 lit. a GDPR)
Consent is one of these legal bases and requires that the person giving consent gives it in an informed manner and on a voluntary basis. Consent based on Art. 6 Para. 1 lit a GDPR can generally be revoked at any time without giving reasons.
Contract-related data processing (Art. 6 Para. 1 lit. b GDPR)
The processing of personal data to initiate or implement contracts is also a legal basis and is defined in Art. 6 Para. 1 lit. b GDPR.
Legal obligation (Art. 6 Para. 1 lit. c GDPR)
The exception to data processing based on a legal obligation can be found in Art. 6 Para. 1 lit. c GDPR, for example we are obliged to comply with certain retention periods according to commercial law and tax law.
Legitimate interests (Art. 6 Para. 1 lit. f GDPR)
The processing of personal data on the basis of a balancing of interests in accordance with Art. 6 Para. 1 lit. f GDPR allows processing after careful weighing of financial or legal interests against the legitimate interests of the data subject .
5. Your rights under the General Data Protection Regulation
Every natural person is entitled to certain rights, which are defined in particular in Articles 15 to 21 and 77 of the GDPR. In principle, you have the following rights, which you can demand from us.
Right to revoke your consent in accordance with Art. 7 GDPR
You can revoke your consent to us at any time without giving reasons with effect for the future.
Right to information according to Art. 15 GDPR (restrictions possible according to Section 34 BDSG)
You have the right at any time to request information about the data you process and the purposes of the processing.
Right to rectification according to Art. 16 GDPR
If you discover that we are processing incorrect or incomplete data about you, you have the right to rectification.
Right to deletion according to Art. 17 GDPR (restrictions possible according to § 35 BDSG)
You have the right at any time to request the deletion of your personal data that we process about you. If complete deletion is not possible, for example because we have to fulfill legal retention obligations or we can assert legitimate interests for other reasons, we will restrict your data until these reasons no longer apply.
Right to restriction of processing according to Art. 18 GDPR
You have the right to request the restriction of the processing of your personal data. You can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:
If you have restricted the processing of your personal data, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.
Right to data portability according to Art. 20 GDPR
You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the data to be transferred directly to another person responsible, this will only be done if it is technically feasible.
Right to object to certain processing operations and direct advertising in accordance with Art. 21 GDPR
If the data processing is carried out on the basis of Art. 6 Para. 1 lit. e or f GDPR, you have the right at any time, for reasons arising from your particular situation, to object to the processing of your personal data; This also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims ( Objection according to Art. 21 Para. 1 GDPR).
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising. If you object, your personal data will no longer be used for direct advertising purposes (objection according to Art. 21 Para. 2 GDPR).
Right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR in conjunction with In accordance with Section 19 BDSG
In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.
6. External Hosting
This website is hosted externally. The personal data collected on this website is stored on the server(s) of the host(s). This can include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.
External hosting is carried out for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 Para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6 Para. 1 lit. f GDPR).
Our hosts will only process your data to the extent necessary to fulfill its service obligations and follow our instructions regarding this data.
We have commissioned the following providers:
Technical hosting of the app:
Fabrik19 AG
Bahnhofstr. 82-86
D-35390 Giessen
Hosting website and databases:
Klickpark GmbH & Co. KG
Bahnhofstrasse 27
D-68526 Ladenburg
Data Processing Agreement
We have concluded data processing contract (DPA) with our hosting service providers. Personal data will only be processed according to our instructions and in compliance with the GDPR.
7. Automatic Server Log Files
Our web server automatically logs all access and thus also the IP addresses of visitors. This serves to defend against attacks, analyze access numbers and ensure smooth operation. We have a legitimate interest in this (Art. 6 Para. 1 lit. f GDPR).
We only process this data for the purposes mentioned above. We delete server log files after three months at the latest.
8. Use of Cookies
Our websites use so-called “cookies”. Cookies are small data packages and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.
Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services).
Cookies have various functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behavior or for advertising purposes.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If cookies are deactivated, the functionality of this website may be restricted.
You can find out which cookies and services are used on this website in this data protection declaration.
Legal basis for the use of Cookies
Cookies that are necessary to carry out the electronic communication process, to provide certain functions you require (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience). (necessary cookies) are stored on the basis of Art. 6 Para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 Para. 1 lit. a GDPR and Section 25 Para. 1 TTDSG); consent can be revoked at any time.
The individual legal bases for the use of various tools that use cookies can be found in the respective passages in our data protection declaration.
9. Data Protection Information about Membership
Registration of a User Account
You can apply for membership on our website or register a user account with which you can use the BORN IN FLACHT app to its full extent. In this context, please also note the data protection declaration applicable to the use of the app at https://born-in-flacht.com/de/privacy-policy-app/
The mandatory information requested during registration must be provided in full. Otherwise we will reject the registration.
Mandatory data when registering
When registering to create a profile, the following mandatory information is requested:
Optional information
Registration is not possible without providing the mandatory data. We process this data on the basis of Art. 6 Para. 1 lit. b GDPR to carry out pre-contractual measures and later to carry out the contractual relationship with membership on the basis of the general terms and conditions.
Verification of your member account
BORN IN FLACHT is a community for owners of Porsche GT sports cars. Interested parties have the option of being verified by submitting their vehicle’s VIN. Verified users have access to special and extensive functions of the app.
As part of the verification process, it is checked whether the transmitted VIN is a GT vehicle from the Porsche brand. The VIN number is stored in the user’s profile but is not published. We process the data on the basis of Article 6 Paragraph 1 Letter b of the GDPR in order to provide you with the desired services in this context and to carry out the associated contractual relationship with you.
Deleting a user account
We store your data for as long as you maintain your membership. If you would like to delete your user account and terminate your membership, please inform the above-mentioned responsible body in writing. The data collected during registration will be stored by us as long as you maintain your member account.
If there are statutory retention periods for all or parts of your data, we must comply with these and will restrict your data after your revocation or your request for deletion. However, this does not directly affect the data from your user account, but rather data that was processed as part of a purchase contract. In this case, the retention period is usually 10 years (§147 AO / §257 HGB / §14b UstG). We will let you know if this applies to your data.
10. Direct Marketing and Postal Advertising
Postal Advertising to existing Customers in the legitimate Interest
We process your personal data for our own marketing purposes (sending postal advertising) and for the advertising purposes of third parties (partner companies). We process the following data:
We provide your postal contact details (name, address) from partner companies selected by us, from the automotive industry and other industries, letter shop process (order processing). The partner companies do not receive your personal data at any time; postal advertising is sent by us or by a letter shop commissioned by us as part of an order processing contract.
The legal basis for the use of personal data for marketing purposes is Article 6 Paragraph 1 Letter f GDPR. Our legitimate interest is to inform our customers about products and services that may be of interest to you.
We generally process your data for the purposes described for the duration of your membership.
Note on the right to object
You can use your personal data for the aforementioned marketing purposes at any time free of charge with effect for the future by sending a message to contact@born-in-flacht.com or with a short message to Schloss Schnait GmbH, Silcherstrasse 10, D-71384 Weinstadt/Schnait. If you object, we will block your data for further data processing for advertising purposes.
Electronic Direct Marketing to existing Customers in the legitimate Interest
We reserve the right to use the data collected as part of your membership for direct advertising by email or post in accordance with Section 7 Paragraph 3 UWG if you do not object or have objected to this use. We use your data for the duration of your membership.
We have a legitimate, economic interest (Art. 6 Para. 1 lit. f GDPR) in providing our customers with advertising information. Of course, you can object to receiving direct advertising at any time. Direct your objection to the responsible body mentioned above.
11. E-mail Communication and Telephone Contact
Communication via Email
If you write us an email, we will process your data according to the content and purpose of the message. As a rule, processing is carried out on the basis of pre-contractual measures or as part of the implementation of a contractual relationship on the basis of Article 6 Paragraph 1 Letter b GDPR and Article 6 Paragraph 1 Letter f GDPR. It is in our legitimate interest to process your request quickly and efficiently.
Please note that we store all incoming emails in accordance with proper accounting principles for a period of ten years, starting from the first day of the following year in which the message was received. If you ask us to delete the data, we will from now on restrict the processing of your data and only store it for the purpose of complying with retention periods in our legitimate interest.
Communication by Telephone
Even if you contact us by telephone, we process your data either to initiate and implement contractual relationships (if the content is product or service-related) and/or in our legitimate interest, analogous to contacting you by email.
We do not record the content of the conversation, but we may take notes to process your request. This will be stored until the purpose of the data processing has been achieved and we no longer have any legitimate interests in the processing. If necessary, the content of the conversation is stored anonymously for statistical purposes. Of course, you can request deletion at any time.
12 . Data Protection Information for Applicants
If you apply to us, whether for an advertised position or on your own initiative, we will process your data to carry out the selection process. It is irrelevant to us whether you apply by post, email or, if available for the respective position, using an online form .
In principle, as part of an application process, we only process the data that you have provided to us yourself. The use of additional sources may only be considered after information and consultation with you. For example, whether we can contact a former employer.
The legal basis for carrying out an application process is Section 26 BDSG in conjunction with Article 6 Para. 1 lit. b GDPR (initiation of an employment contract). If you give us your consent to store your data for a longer period of time, this will be done on the legal basis of Article 6 Para. 1 lit. a GDPR.
Deletion periods for applicant data
We delete applicant data a maximum of 3 months after completion of the application process (when a candidate has been selected and all applicants have been informed of the outcome). The purpose of data processing no longer exists at the end of the selection process, but we have a legitimate interest (Art. 6 Para. 1 lit. f GDPR) in being able to defend ourselves against any claims made by rejected applicants. If you have the impression that your interests in immediate deletion outweigh your interests, you have the option of requesting us to do so. We will then examine your request and give you feedback.
After the above-mentioned period has expired, your data will be deleted unless we have to defend ourselves, for example in ongoing proceedings, for example due to a lawsuit under the General Equal Treatment Act. In this case, we will delete your data after the process has been completed, unless there are no statutory retention periods.
If we are allowed to store your data for a longer term based on your consent, we will delete your data if you request us to do so and revoke your consent. If necessary, we will also delete your data before revoking your consent if it is clear that no position will be available.
Inclusion in our applicant pool
If we are currently unable to offer you a position, we may ask you for your consent to continue storing your data. This serves the purpose of offering you a suitable position at a later date. The legal basis for the processing of your data in our applicant pool is your consent (Art. 6 Aba. 1 lit. a GDPR). Of course, you can revoke your consent at any time with future effect. If you do not revoke your consent yourself within a period of two years, we will delete your data from our applicant pool at the latest.
13. Additional data protection information for our business partners
Data Categories and Purposes of Processing
We process personal data from our service providers and partners, which we receive directly as part of our business relationship. If we have received data from you, we will generally only process it for the purposes for which we received or collected it.
As a rule, we process the following categories of data from you
As part of the business initiation phase and during the business relationship, in particular through personal, telephone or written contact initiated by you or one of our employees, further personal data is created, e.g. Information about contact channel, date, occasion and result; (electronic) copies of correspondence and information about participation in direct marketing measures.
On the other hand, we process personal data that we have legitimately obtained and are permitted to process from publicly accessible sources (e.g. commercial and association registers, press, media, internet).
Data processing for other purposes is only possible if the necessary legal requirements in accordance with Article 6 (4) GDPR are met. In this case, we will of course observe any information obligations pursuant to Article 13 Paragraph 3 GDPR and Article 14 Paragraph 4 GDPR.
Legal Basis on which we process your Data
Based on your consent (Art. 6 Para. 1 lit. a GDPR)
We process personal data for one or more specific purposes if you have given us your consent to do so. If personal data is processed based on your consent, you have the right to revoke your consent to us at any time with future effect.
Data processing for the fulfillment of contracts (Art. 6 Para. 1 lit. b GDPR)
We process personal data for the fulfillment of contracts. The fulfillment of contracts includes, for example, the conclusion, processing and reversal of a contract. In addition, we process personal data that is necessary to carry out pre-contractual measures, such as initiating a contract, and which are carried out at your request.
Data processing based on a legal obligation (Art. 6 Para. 1 lit. c GDPR)
Like every company, we must fulfill retention obligations and other documentation obligations; this can also affect documents with personal information. To the extent that we process data for these purposes, the processing takes place on the basis of a legal obligation.
Data processing based on a balancing of interests (Art. 6 Para. 1 lit. f GDPR)
If we process data on the basis of a balancing of interests, you as the data subject have the right to allow the processing of personal data, taking into account the provisions of Article 21 GDPR contradict. To the extent that the specific purpose permits, we process your data pseudonymously or anonymously.
Other Recipients of your Data
Transfer to processors within the scope of Art. 28 GDPR
Processors we use (Art. 28 GDPR), particularly in the area of IT services and, for example, printing services, who process your data for us in accordance with our instructions. When we commission service providers to fulfill our tasks, we always observe the data protection regulations; in particular, data is only passed on after contracts for order processing have been concluded. We would be happy to let you know which processors we use.
Disclosure to providers of third-party specialist services
If necessary for the execution of the contract, legitimized by our legitimate interest or required due to legal obligations, providers of third-party specialist services process personal data for us. These are in particular tax advisors, auditors and banks.
Disclosure to carry out a contractual relationship
If it is necessary to carry out the contract with you, we will pass on your data, for example, to our bank to process payments or shipping service providers.
Disclosure due to a legal obligation
If there is a legal or official obligation, we will pass on your data to public bodies or institutions (authorities, for example in the context of criminal prosecution).
Other places, insofar as you have given us your consent.
If you have given your explicit consent, we will also pass on your data to other places. However, this occurs within the limits provided you have verifiable consent.
Information on Deletion Periods of Personal Data
Principle of purpose limitation and compliance with statutory retention periods.
We process the data as long as this is necessary for the respective purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and processing of a contract.
In addition, like every company, we are obliged to comply with statutory retention periods, for example the deadlines under commercial and tax law. If there are statutory retention requirements, the relevant personal data will be stored for the duration of the retention period. The storage period also depends on the statutory limitation periods, which, for example, according to Sections 195 ff. of the Civil Code (BGB), can usually be three years, but in certain cases can also be up to thirty years. After the retention period has expired, it will be checked whether further processing is necessary. If it is no longer necessary, the data will be deleted.
As a rule, such retention periods in the context of legal transactions (according to §147 AO / §257 HGB / §14b UstG) are 10 years, starting with the year following the legal transaction.
Specific example
If you provide us with your contact details, for example by email, telephone, or by handing over your business card, we will store this data on the basis of pre-contractual measures and in accordance with Article 6 Paragraph 1 Letter b of the GDPR Interest (Art. 6 Para. 1 lit. f GDPR) in smooth and targeted communication. If no legal transaction is concluded, we will delete your data if you request us to do so or if there is no further contact within a period of three years. If you enter into a legal transaction with us (Art. 6 Para. 1 lit b GDPR), we will store your data for ten years until the commercial and tax requirements expire. After this period, we check whether we can delete the data and, if necessary, delete it.
E-mails and business letters
We archive all of our e-mail traffic for ten years. If you write us an email, your data and the entire email content will be stored for 10 years. Most emails count as business letters, and emails can also contain information relevant to tax law. In our opinion, the effort involved in checking each individual email is not proportionate to the benefit and legitimate interests of the sender. Of course, you can ask us to delete it at any time and we will carry out an individual case check and inform you of the result. This can lead to deletion or restriction of processing, depending on the content of the correspondence.
Revocation of your consent
If we process your data based on your consent (Art. 6 Para. 1 lit. a GDPR), we will delete it after your revocation. Unless there are legitimate interests against complete deletion. For example, we generally store the declaration of consent for up to three years after receipt of your revocation in the legitimate interest (Art. 6 Para. 1 lit. f GDPR). We only retain the consent subject to restriction of processing in order to be able to defend ourselves in the event of a dispute.
Legal or contractual Obligation to provide Personal Data
The provision of personal data is regularly necessary for the initiation, conclusion, processing and reversal of a contract. If you do not provide the required personal data, we will not be able to conclude and fulfill a contract with you.
Transfer to a Third Country
We generally process your personal data in data centers in the Federal Republic of Germany or the European Union. A transfer to a third country is only possible if you have given us your consent or we have concluded a contract for order processing in accordance with Art. 28 GDPR, taking into account suitable guarantees or other suitable guarantees.
Privacy Information BORN IN FLACHT App
Addition to BORN IN FLACHT´s data protection information (see https://born-in-flacht.com/privacy-policy/) on the use of the app.
Contents
1. Foreword and Selected Terms
On the one hand, this data protection declaration informs visitors and users of our app about the online data processing operations in which personal data is processed. On the other hand, you will receive information about our processing operations, which do not primarily take place online.
Further definitions of terms can be found in the General Data Protection Regulation, which can be found in Article 4 of the GDPR (definitions).
2. Responsible Party
The responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Schloss Schnait GmbH
Silcherstr. 10
D-71384 Weinstadt
Tel.: +49 (0)7151 20524-0
E-Mail: mail@schloss-schnait.com
3. Overview
The following content gives you a brief overview of the processing of personal data; more detailed information can be found in the passages presented in detail.
Security in our app
Our app communicates via an encrypted connection. As a precaution, we would like to point out that 100% security in electronic data processing is not possible and there is always a residual risk.
Data that you transmit to us
On this page, we process the data that you enter yourself, for example in a form. In this case, the purpose of processing results from the type of form and, on the other hand, from this data protection declaration. Even if, for example, you send us a message by email or otherwise contact us, we process your data in accordance with the purpose of the contact.
Automatic server log files
Our server automatically records all accesses and therefore also IP addresses (log files); this serves to ward off attacks, analyze access numbers and ensure smooth operation.
Direct marketing and postal advertising
We reserve the right to send our members newsletters based on Section 7 Paragraph 3 UWG and Art. 6 Paragraph 1 Letter f GDPR. We further process your personal data for the purposes of postal advertising for our own services or the services of our partner companies on the basis of Art. 6 Para. 1 lit. f GDPR. Of course, you can exercise your right to object at any time. To do this, please contact the responsible body mentioned above or contact@born-in-flacht.com
Other data recipients
a) Use of processors
We use processors in accordance with the requirements of Art. 28 GDPR, for example in the areas of IT services, web hosting, email hosting or printing services. They process personal data for us according to our instructions.
b) Use of non-specialist services
If necessary (for example to execute the contract), we pass on your data to, for example, banks, other payment service providers, shipping service providers, our tax advisor or lawyer.
c) Legal obligations
We are subject to legal obligations, such as commercial laws or tax law, in this context we must pass on certain data, for example, to tax authorities.
d) Investigation of crimes
If it is necessary to investigate a crime, we pass on data to the law enforcement authorities.
General information on deletion periods of personal data
We process the data as long as this is necessary for the respective purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and processing of a contract; we are also obliged to comply with statutory retention requirements. If data processing is based on your consent, we will delete your data after your revocation.
Transfer of personal data to a third country
We try to have all service providers and services provided by providers within the European Union. A transfer to a third country is possible if you have given us your consent and/or we have concluded a contract for order processing in accordance with Article 28 of the GDPR, taking appropriate guarantees into account. In individual cases we may use plugins or tools that are hosted in third countries, but we use these on the basis of our legitimate interests. In these cases, we will point out the circumstance if necessary.
Legal or contractual obligation to provide personal data
This website can generally be visited without providing personal data. For purchases in our online shop, it is necessary to provide personal data in order to conclude a purchase contract.
4. Legal basis for processing Personal Data
The legal bases for the processing of personal data are exceptional circumstances that allow the processing of personal data. The essential legal bases are shown in particular in Art. 6 GDPR. The legal basis on which we process personal data is described in the individual processing operations in this data protection declaration.
Consent given (Art. 6 Para. 1 lit. a GDPR)
Consent is one of these legal bases and requires that the person giving consent gives it in an informed manner and on a voluntary basis. Consent based on Art. 6 Para. 1 lit a GDPR can generally be revoked at any time without giving reasons.
Contract-related data processing (Art. 6 Para. 1 lit. b GDPR)
The processing of personal data to initiate or implement contracts is also a legal basis and is defined in Art. 6 Para. 1 lit. b GDPR.
Legal obligation (Art. 6 Para. 1 lit. c GDPR)
The exception to data processing based on a legal obligation can be found in Art. 6 Para. 1 lit. c GDPR, for example we are obliged to comply with certain retention periods according to commercial law and tax law.
Legitimate interests (Art. 6 Para. 1 lit. f GDPR)
The processing of personal data on the basis of a balancing of interests in accordance with Art. 6 Para. 1 lit. f GDPR allows processing after careful weighing of financial or legal interests against the legitimate interests of the data subject .
5. Your rights under the General Data Protection Regulation
Every natural person is entitled to certain rights, which are defined in particular in Articles 15 to 21 and 77 of the GDPR. In principle, you have the following rights, which you can demand from us:
Right to revoke your consent in accordance with Art. 7 GDPR
You can revoke your consent to us at any time without giving reasons with effect for the future.
Right to information according to Art. 15 GDPR (restrictions possible according to Section 34 BDSG)
You have the right at any time to request information about the data you process and the purposes of the processing.
Right to rectification according to Art. 16 GDPR
If you discover that we are processing incorrect or incomplete data about you, you have the right to rectification.
Right to deletion according to Art. 17 GDPR (restrictions possible according to § 35 BDSG)
You have the right at any time to request the deletion of your personal data that we process about you. If complete deletion is not possible, for example because we have to fulfill legal retention obligations or we can assert legitimate interests for other reasons, we will restrict your data until these reasons no longer apply.
Right to restriction of processing according to Art. 18 GDPR
You have the right to request the restriction of the processing of your personal data. You can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:
If you have restricted the processing of your personal data, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.
Right to data portability according to Art. 20 GDPR
You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the data to be transferred directly to another person responsible, this will only be done if it is technically feasible.
Right to object to certain processing operations and direct advertising in accordance with Art. 21 GDPR
If the data processing is carried out on the basis of Art. 6 Para. 1 lit. e or f GDPR, you have the right at any time, for reasons arising from your particular situation, to object to the processing of your personal data; This also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims ( Objection according to Art. 21 Para. 1 GDPR).
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising. If you object, your personal data will no longer be used for direct advertising purposes (objection according to Art. 21 Para. 2 GDPR).
Right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR in conjunction with In accordance with Section 19 BDSG
In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.
6. External Hosting
The app and its dynamic content are hosted externally. The personal data collected in this app is stored on the server(s) of the host(s). This can include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.
External hosting is carried out for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 Para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6 Para. 1 lit. f GDPR).
Our hosts will only process your data to the extent necessary to fulfill its service obligations and follow our instructions regarding this data.
We have commissioned the following provider:
Technical hosting of the app:
Fabrik19 AG
Bahnhofstr. 82-86
D-35390 Giessen
Hosting website and databases:
Klickpark GmbH & Co. KG
Bahnhofstrasse 27
D-68526 Ladenburg
Data Processing Agreement
We have concluded data processing contract (DPA) with our hosting service providers. Personal data will only be processed according to our instructions and in compliance with the GDPR.
7. Data Collection as part of Using the App
When you access our app via your device, we process the following data:
Our interest is to enable the use of our app and to ensure its long-term technical functionality. When you access our app, this data is processed automatically. Without this provision of data, you cannot use our services. We do not use this data for the purpose of drawing conclusions about you or your identity.
We also use this data to optimize app performance, ensure the availability of our app and improve the user experience.
We process your data based on our legitimate interest. We process this data on the basis of Article 6 Para. 1 lit. f GDPR to provide the service, to ensure technical operation and for the purpose of identifying and eliminating disruptions. Furthermore, our legitimate interest lies in ensuring the performance and availability of our offer.
8. Use of the App
Log in with Username and Password
To receive access data, you must have successfully completed the registration process on our website www.born-in-flacht.com . You will receive the access data directly from us, which you can use to log into your user account. For security reasons, all login processes are recorded to prevent misuse and cyberattacks. This is done in the legitimate interest within the meaning of Article 6 Paragraph 1 Letter f GDPR.
Adding Information to the User Profile
You can add various data to your user profile, such as a profile picture or a background image.
Please note that not all information is required to use the app and you alone decide whether you want to share this data with us. You also have the option to change the data at any time. If you do not provide this data, we may not be able to best fulfill your wishes when using our offerings. The provision of optional information is voluntary and implied based on your consent (Art. 6 Para. 1lit. a GDPR).
Use of the individual Functions
The functions within the app as well as the personal data processed, purposes and legal bases are described below.
Using the notifications function (push notifications)
You can let us inform you about new content and friend requests via push notifications. You will receive push notifications based on your consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke receiving push notifications at any time using a button in the app. If the button does not work temporarily, you can also switch off notifications in the app permissions settings of your device. You can find information about this in the operating instructions for your device.
Community features
Information from your personal profile and activities is a good basis so that like-minded people from all over the world can network with you. After successful registration, your profile is available to other verified users for interaction. We process data as part of the community functions on the basis of Article 6 Paral 1 lit. a, b and f GDPR in order to make your profile in our app available to other users for networking and to provide you with the desired services in this context and to carry out the associated contractual relationship with you.
Profile page
The following data is displayed on the profile page if it has been entered in the profile:
Blog
We offer you the possibility to publish posts. As soon as you write a post as a verified user, the following data will be displayed in the blog area:
Profile picture
First name
Last name
Posting of events
The publication of events is done in coordination with the administrator by BORN IN FLACHT.
Chat
You can use the chat function to exchange ideas with other members. If you activate the chat function, other members can send you direct messages. You can deactivate the chat function at any time in the app settings.
Around Me
If you allow access to your location through the app to view other members in the area and share your location with other members. You can find out more about this under “Access authorizations in the end device”.
9. Access Authorizations in the Device
In order to provide our services via the app, we require the access rights listed below, which enable us to access certain functions of your device. Your express consent (opt-in) is required to access this data. You can grant this if the app asks you to do so. The processing of this data is therefore based on your consent (Art. 6 Para. 1 lit. a GDPR).
Access to the camera
You can give the app access to your device’s camera to load media into the app.
Access to storage
You can give the app access to your device’s storage to load media into the app.
Access to the microphone
You can give the app access to your device’s microphone, for example to hear the sound of a GT.
Access to the location ( Around Me)
The app asks for your current location when you access certain functions and at regular intervals in the background, for example to show you other members in the area and to share your location with other members.
Revocation of access rights
You can revoke granted access rights at any time in the settings of your device. Depending on the operating system, you can find the rights management in the settings under Apps or Permissions. You can find more detailed information in the operating instructions for your device or operating system.
10. Email Communication and Telephone Contact
Communication via Email
If you write us an email, we will process your data according to the content and purpose of the message. As a rule, processing is carried out on the basis of pre-contractual measures or as part of the implementation of a contractual relationship on the basis of Article 6 Paragraph 1 Letter b GDPR and Article 6 Paragraph 1 Letter f GDPR. It is in our legitimate interest to process your request quickly and efficiently.
Please note that we store all incoming emails in accordance with proper accounting principles for a period of ten years, starting from the first day of the following year in which the message was received. If you ask us to delete the data, we will from now on restrict the processing of your data and only store it for the purpose of complying with retention periods in our legitimate interest.
Communication by Telephone
Even if you contact us by telephone, we process your data either to initiate and implement contractual relationships (if the content is product or service-related) and/or in our legitimate interest, analogous to contacting you by email.
We do not record the content of the conversation, but we may take notes to process your request. This will be stored until the purpose of the data processing has been achieved and we no longer have any legitimate interests in the processing. If necessary, the content of the conversation is stored anonymously for statistical purposes. Of course, you can request deletion at any time.
11. Direct Marketing and Postal Advertising
Postal Advertising to existing Customers in the legitimate Interest
We process your personal data for our own marketing purposes (sending postal advertising) and for the advertising purposes of third parties (partner companies). We process the following data:
We provide your postal contact details (name, address) from partner companies selected by us, from the automotive industry and other industries, letter shop process (order processing). The partner companies do not receive your personal data at any time; postal advertising is sent by us or by a letter shop commissioned by us as part of an order processing contract.
The legal basis for the use of personal data for marketing purposes is Article 6 Paragraph 1 Letter f GDPR. Our legitimate interest is to inform our customers about products and services that may be of interest to you.
We generally process your data for the purposes described for the duration of your membership.
Note on the right to object
You can use your personal data for the aforementioned marketing purposes at any time free of charge with effect for the future by sending a message to contact@born-in-flacht.com or with a short message to Schloss Schnait GmbH, Silcherstrasse 10, D-71384 Weinstadt/Schnait. If you object, we will block your data for further data processing for advertising purposes.
Electronic Direct Marketing to existing Customers in the legitimate Interest
We reserve the right to use the data collected as part of your membership for direct advertising by email or post in accordance with Section 7 Paragraph 3 UWG if you do not object or have objected to this use. We use your data for the duration of your membership.
We have a legitimate, economic interest (Art. 6 Para. 1 lit. f GDPR) in providing our customers with advertising information. Of course, you can object to receiving direct advertising at any time. Direct your objection to the responsible body mentioned above.
12. Deployed Third Party Tools
Firebase Crashlytics
In order to improve the stability and reliability of our apps, we rely on anonymized crash reports. We use Firebase for this Crashlytics “, a service of Google Ireland Ltd., Google Building Gordon House, Barrow Street, Dublin 4, Ireland.
In the event of a crash, anonymous information is transmitted to Google’s servers in the USA (state of the app at the time of the crash, installation UUID, crash trace, manufacturer and operating system of the cell phone, last log messages). This information does not contain any personal data. Crash reports will only be sent with your express consent. When using iOS apps, you can grant consent in the app’s settings or after a crash. For Android apps, when setting up the mobile device, you have the option of generally agreeing to the transmission of crash notifications to Google and app developers.
The legal basis for the data transfer is Article 6 Para. 1 lit. a and f GDPR. You can revoke your consent at any time by deactivating the “Crash Reports” function in the settings of the iOS apps (in the magazine apps the entry is in the “Communication” menu item).
For Android apps, deactivation is generally done in the Android settings. To do this, open the Settings app, select “Google” and then select “Usage & Diagnostics” in the three-dot menu at the top right. Here you can deactivate the sending of the corresponding data. For more information, see your Google Account Help.
Further information on data protection can be found in Firebase ‘s data protection information Crashlytics at https://firebase.google.com/support/privacy and https://docs.fabric.io/apple/fabric/data-privacy.html#data-collection-policies
13. Further Data Protection Information
You can find the general data protection information at https://born-in-flacht.com/de/privacy-policy/ . Please feel free to contact us if you have any questions.
How to delete your Born in Flacht profile:
Please send us your request for deletion with your username at mail@schloss-schnait.com. Successfully submitted requests will prompt removal of your data within the next 15 work days.
Keep in mind that uninstalling the application from your devices will not automatically remove your profile data. Only the process detailed above will result in the timely removal of your data. We will notify you via e-mail once the process is completed. A new profile with your data must be created, if you decide to re-join the community.
